Robbie S. Loomer

The respondent father sought to vary a 2016 final order regarding parenting time, alleging a material change in circumstances due to the children's aging and the mother's alleged withholding of time.

The applicant mother opposed, citing the father's unresolved addiction issues and arguing no material change.

The court found that the children's significant aging (from very young to 5 and 8 years old) constituted a material change.

The court granted a temporary, without prejudice variation to increase the father's parenting time, including overnights, but requested the Office of the Children's Lawyer to ascertain the children's views before a final order.

The mother's cross-motion was dismissed.

The court also addressed child support, finding insufficient evidence to impute income to the father but granting the mother leave to return on the issue.

The applicant mother sought an emergency order for her 13-year-old child, Xander, to attend the Summit Alternative Program at Fisher Park Public School due to his specific learning disorder and neurocognitive disorder.

The respondent father proposed Cedarview Middle School.

The court, applying legal principles for school placement decisions, prioritized Xander's academic needs, finding the Summit Alternative Program specifically tailored for students with learning disabilities.

The court also considered Xander's wishes (which were deemed not fully mature or independent), and logistical factors, ultimately ruling in favour of the mother's proposed school.

The applicant father sought to amend a separation agreement to obtain joint custody and specific summer access for his two daughters.

The respondent mother opposed, proposing an alternative access schedule based on the children's best interests, citing ongoing conflict and the father's alleged attempts to involve the children in disputes.

The court dismissed the father's motion for summer access, finding his request was based on a sense of entitlement rather than the children's best interests, and adopted the mother's liberal access proposal.

The court also renewed a request for the Office of the Children's Lawyer to become involved.

The children's aid society and the parents brought competing summary judgment motions regarding the custody and access of two children following a highly conflictual separation involving domestic violence.

The court found the children were in need of protection due to emotional harm caused by the parents' toxic relationship.

The court granted the society's motion to place the children in the sole custody of the mother, noting she had successfully completed programming and cooperated with the society.

The father's motion for sole custody was dismissed.

However, the court declined to terminate the father's access to the younger child on a summary basis, directing that the issue of access proceed to trial.